GAGANDEEP SINGH @ RANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition seeking anticipatory bail in case FIR No. 42 dated 24.02.2011, under Sections 420, 376 of the Indian Penal Code, registered at Police Station Division No. 4 (Civil Lines), Ludhiana City.

(2.) AS per the contents of the FIR, accused -Petitioner made false promise with the prosecutrix to marry with her and made physical contacts with her. She became pregnant and thereafter got aborted and ultimately Petitioner -accused refused to marry with her.

(3.) AS per Section 90 of the Indian Penal Code, if consent is obtained by playing fraud with false promise to marry with the prosecutrix, then it cannot be said to be free consent. Free consent/willingness is sine qua non to say that physical relations were made with the consent of the prosecutrix. Since consent was obtained by playing fraud, therefore, it cannot be said to be a free consent. Prima facie offence under Section 376 IPC seems to have been made out against the Petitioner. No ground is made out for anticipatory bail.